The determination of juvenility under the Juvenile Justice (Care and Protection of Children) Act, 2000 is based on documentary evidence and can be established through school records and other official documents.

Sadhana S. Jadhav, J.

1. Heard respective parties.

2. Rule. Rule made returnable forthwith with the consent of the parties.

3. Petitioner herein has been charge-sheeted in crime no. 74 of 2011 for offence punishable under section 302, 307, 142, 147, 148, 149, 324, 323 r/w 34 of Indian Penal Code. The date of incident is 09/09/2011. The case was committed to the Court of Sessions and registered as Sessions Case No. 174 of 2011.

4. The date of incident in the present case is 09/09/2011 and the records produced by the petitioner to claim juvenility shows that his date of birth is 13/09/1993.

5. According to the petitioner, he is a juvenile in conflict with law and therefore, petitioner had filed an application under section 7 (A) of Juvenile Justice (Care and Protection of Children) Act, 2000 and Rule 12 of Juvenile Justice (Care and Protection of Children) Rules, 2007. Along with the application, petitioner had filed documents to substantiate his claim of juvenility. The said application was rejected by learned Judicial Magistrate First Class on 03/12/2011. Petitioner was constrained to file writ petition no. 754 of 2012. This Court had directed the Trial Court to decide the claim of juvenility in view of section 7 (1) of Juvenile Justice (Care and Protection of Children) Act, 2000. During the interregnum, case was committed to the Court of Sessions and hence, the petitioner had filed an application before Sessions Court.

6. The learned Sessions Court had considered the application along with the documents including his certificate issued by Head Mistress of Zilla Parishad Primary School, Waghjaiwadi, Tal. Wai where petitioner had taken his primary education. Learned Sessions Court had recorded the evidence of the said witness namely Manisha Ozharde and she has stated on oath that name of the petitioner was registered at serial no. 494 in General Register maintained in the school and as per the said register the date of birth of the petitioner is 13/09/1993. The said date was noted as per the order of Executing Magistrate vide order dated MGSR/9599 dated 22/06/1999 and accordingly she had issued certificate on 14/08/2013. The said witness was cross-examined and she denied to have any personal knowledge about the registers maintained by the school during the period 1993 to 2003.

7. Petitioner had also examined Suhash Suryawanshi, Head Master of Bavdhan High School, where he had taken education up to 10th standard. Evidence of the said witness had corroborated the substantive evidence of Manisha Ozharde. Petitioner had also examined principal of Kisanvir College. The said witness has also reiterated that the college records would show that date of birth of the present petitioner is 13/09/1993. It was therefore, clear that documents upon which petitioner was relying to substantiate his claim of juvenility were proved by adducing substantive evidence. Learned Sessions Court was of the opinion that there was no record to show that date of birth was registered in Grampanchayat Waghjaiwadi. It is observed that:

"Petitioner had not placed on record the records of Grampanchayat Waghjaiwadi and has simply relied upon school leaving certificates and other certificates."

8. Petitioner had filed several documents on record below Exhibits 28, 31 & 49 which were proved through 3 witnesses at Exhibits 45, 47 & 54. Learned Sessions Court has observed that date of birth of the petitioner is recorded on the basis of orders passed by Executive Magistrate. The same cannot be relied upon since school is not having any birth certificate given by Municipal Authority. Learned Sessions Judge has rejected the claim of juvenility and has refused to refer him to Juvenile Justice Board.

9. Rule 12 of Juvenile Justice (Care and Protection of Children) Rules, 2007 contemplates as follows:

"(1) In every case concerning a child or a juvenile in conflict with law, the court or the Board or as the case may be the Committee referred to in rule 19 of these rules shall d